📅 2026 Update: Recent Changes in Patent Law

Since the original article was published, several important updates have occurred in U.S. patent law. These changes affect how patents are filed, the fees associated with them, and the eligibility of inventions, especially those involving artificial intelligence. The earlier article continues below, providing foundational knowledge on patent subject matter.

🤖 Revised Inventorship Guidance for AI-Assisted Inventions

On November 26, 2025, the USPTO clarified that only natural persons can be named as inventors on patent applications. This rule applies even if AI systems help in the inventive process. This update is significant for those developing technologies that involve AI, as it impacts how they must file patents.

💰 Patent Fee Adjustments

Effective January 19, 2025, the USPTO updated patent fees. The basic filing fee for a utility patent application stands at $350 for paper filings and $70 for electronic filings by small entities. Additionally, a $400 fee applies to non-electronic filings.

These adjustments aim to improve the efficiency of the patent system.

📊 Subject Matter Eligibility Guidance Update

On July 16, 2024, the USPTO released updated guidance related to subject matter eligibility. This guidance includes specific examples for artificial intelligence inventions to help determine eligibility under 35 U.S.C. § 101. This update is crucial for inventors in tech-focused fields.

⏳ Processing Times

The USPTO is actively working to reduce the processing times for patent applications. While specific times may vary due to application complexity and examiner workload, the goal is to improve the efficiency of the examination process.

📌 Key Points to Remember

  • 🤖 Only natural persons can be inventors, even with AI assistance.
  • 💰 Updated fees: $350 for paper, $70 for electronic filings.
  • 📊 New guidance on AI-related inventions under 35 U.S.C. § 101.
  • ⏳ Ongoing efforts to reduce processing times for applications.

💡 Tips for Navigating Patent Applications

It is essential to review the specifics of your situation with your attorney. Understanding the nuances of patent law can help you better navigate the application process.

📝 Understand Updated Fees

Be aware of the current patent fees when preparing your application. The basic filing fee for small entities is $70 electronically and $350 on paper. Knowing these costs helps avoid surprises later.

📅 Keep Maintenance Fees in Mind

To keep your utility patents in force, remember that maintenance fees are due at 3.5, 7.5, and 11.5 years after the grant. Timely payment is crucial to avoid losing your patent rights.

📥 Utilize the Patent Center

The USPTO's Patent Center is the primary platform for filing applications electronically. Familiarizing yourself with this user-friendly interface will streamline your application process.

🗂️ Review Subject Matter Eligibility

Stay informed about the updated guidance on subject matter eligibility. This includes the specific examples for AI inventions, which can help you determine if your invention qualifies for patent protection.

🔍 Explore Free Resources

Take advantage of the USPTO’s resources, including guides and tutorials. These materials provide valuable information to assist you in understanding the patent process.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services met the required review threshold for this topic, so this section focuses on free government and nonprofit resources available to inventors.

🥇 1. USPTO Resources

The USPTO offers various resources, such as guides and tutorials, to help inventors navigate the patent process. These resources are designed for independent inventors and small businesses seeking to understand patent laws and procedures.

🥈 2. Pro Bono Programs

The USPTO collaborates with nonprofit organizations to offer pro bono legal assistance. This program targets independent inventors and small businesses that may not afford legal help, ensuring they can protect their inventions.

🥉 3. Patent Maintenance Fee Storefront

The Patent Maintenance Fee Storefront allows users to look up maintenance fee payment information. This online tool helps patent holders manage their fees efficiently, ensuring their patents remain in force.

4️⃣ Electronic Patent Grants (eGrants)

The USPTO began issuing electronic patent grants as of April 18, 2023. This change allows patentees to view and print their patents immediately upon issue, making it easier to access important documentation.

🔎 What to Check Before Paying for Help

  • 💰 Ensure the service is reputable with good reviews.
  • 🔍 Verify the credentials of those offering assistance.
  • 📅 Understand the fees and payment structure clearly.
  • 📞 Confirm the availability of support or resources after payment.

❓ Frequently Asked Questions

🤔 What is subject matter eligibility for patents?

Subject matter eligibility determines what inventions can be patented under U.S. law, specifically under 35 U.S.C. § 101. Recent updates provide clearer guidelines, especially for AI-related inventions.

🕒 How long does it take to process a patent application?

Processing times can vary based on the complexity of the application and examiner workload. The USPTO is working to reduce these times for more efficient patent examination.

💼 What should I include in my patent application?

Your application should include a detailed description of the invention, claims defining the invention, and any necessary drawings. Clarity and thoroughness are crucial for approval.

📜 Can I change the inventor's name after filing?

Once a patent application is filed, changes to the inventor's name can be complex. It’s essential to ensure that the correct inventors are named initially, as only natural persons can be named.

📝 What are maintenance fees, and when are they due?

Maintenance fees keep utility patents in force and are due at 3.5, 7.5, and 11.5 years after the patent grant. Failure to pay these fees can result in losing patent rights.

📖 Where can I find more resources about patents?

The USPTO provides a variety of resources, including guides and tutorials, to assist inventors. Additionally, pro bono programs are available for those needing legal help.

⚖️ Recent Cases Impacting Patent Law

Recent court rulings have clarified various aspects of patent law, including eligibility and inventor requirements. These rulings are essential for understanding how laws apply to current patent applications.

You can browse more rulings on the news page for recent developments in patent law.

End of October 2026 Update





Utility patents design patents offer two separate and different protections for articles under United States intellectual property law. Utility patents protect the practical and useful features of an invention. This includes all the parts of an invention and the unique configuration in which they have been constructed to carry out a specific function. Design patents are used to protect the cosmetic features of an article and cover the visible aspects including the way it is presented to the public. In some instances, an article in question may present features that have both ornamental and functional purposes, and as a result, they may be considered as a relevant feature in both a design patent and utility patent application.

Since the line between a utility and design feature of an article can become blurred, confusion is likely to arise in the submission process. This can cause the subject matter within a design patent application to be improperly identified as a design feature, when it is, in fact, a functional feature, lacking ornamentality. If a functional feature is incorrectly identified as a design feature in a design application, it is improper use of statutory subject matter under the code 35 U.S.C. 171. 

Features of an article may lack a unique design or a distinctive shape within the design application and will be deemed inappropriate material. Under the same statute, a design must also be an original work, not simulating well-known designs that may be easily recognized. Finally, further inappropriate material which is not patentable under any terms by the United States Patent and Trademark Office (USPTO) includes subject matter considered to be offensive to any race, religion, sex, ethnic group or nationality.

Knowing the Improper Subject Matter of Patents